A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 11, 2006, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court. On November 14, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act. On February 22, 2011, the said court issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act.

On September 25, 2018, around 00:24, the Defendant driven an Eco-owned truck, while under the influence of alcohol leveling about 0.101% from the distance of approximately 150 meters from the D located in C in the same city to the front road of the apartment complex near the B market in Ycheon-si, the Defendant driven an Eco-owned truck with the blood alcohol leveling around 0.101%.

As a result, the Defendant, even though he had the power of driving at least twice under the influence of alcohol, once again driven the above cargo while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Records of previous judgments: Criminal history records, correspondence records, 201 high-class court records, 125 high-class court records, Seoul Southern District Court records, 2007 high-class 2455 court records, and the Seoul Southern District Court records, 2006 high-class 21901 court records; and

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are short of the distance of driving under the influence of alcohol, and the fact that the defendant reflects his mistake shall be considered as favorable circumstances.

On the other hand, the fact that the defendant had five criminal records of drinking driving, which has been sentenced to imprisonment with prison labor, is one time before the suspension of the execution of imprisonment, and the fact that the defendant can have been punished due to a non-licensed driving or a traffic accident that is disadvantageous to him

In addition, the criminal records, ages, health conditions, family environment, the interval between the criminal record and the criminal record of drinking, and the criminal defendant at the time of the crime of drinking.